Employment Tribunals and EAT Statistics, 2011-12 1 April 2011 to 31 March 2012

20 September 2012 Alternative format versions of this report are available on request from Ministry of Justice by emailing statistics.enquiries@justice.gsi.gov.uk

© Crown copyright Produced by the Ministry of Justice Contents

Introduction 4 Key Findings 5 Tables 8 Explanatory Notes 16 Data quality and sources 17 Definitions 18 Table conventions 20

Tables

Table 1 Claims Accepted by Employment Tribunals, 2008-09 to 2011-12. Table 2 Employment Tribunals Disposals and Outcomes by Jurisdiction, 2008-09 to 2011-12. Table 3 Details of Unfair Dismissal Claims Disposed of at a Hearing, 2011-12. Table 4 Representation of Claimants at Employment Tribunals, 2008-09 to 2011-12. Table 5 Compensation Awarded by Tribunals, cases with Unfair Dismissal jurisdiction, 2011-12. Table 6 Compensation Awarded by Tribunals, cases with Race Discrimination jurisdiction, 2011-12. Table 7 Compensation Awarded by Tribunals, cases with Sex Discrimination jurisdiction, 2011-12. Table 8 Compensation Awarded by Tribunals, cases with Disability Discrimination jurisdiction, 2011-12. Table 9 Compensation Awarded by Tribunals, cases with Religious Discrimination jurisdiction, 2011-12. Table 10 Compensation Awarded by Tribunals, cases with Sexual Orientation Discrimination jurisdiction, 2011-12. Table 11 Compensation Awarded by Tribunals, cases with Age Discrimination jurisdiction, 2011-12. Table 12 Costs Awarded in Employment Tribunals Cases, 2011-12. Table 13 Summary of Receipts and Disposals at EAT, 2011-12. Table 14 Cases Dealt with at Preliminary Hearings at EAT, 2011-12. Table 15 Appeals Disposed of by EAT at a full hearing, 2011-12. Table 16 EAT Appeals Withdrawn, 2011-12. Introduction

This report presents information on Employment Tribunals (ET) and Employment Appeal Tribunal (EAT) activity for the period 1 April 2011 to 31 March 2012. It is the third time that this information has been published as Official Statistics. Key Findings are on page 4 with definitions and background information on page 11.

Historic copies of this report are available on the Ministry of Justice website at www.justice.gov.uk/statistics/tribunals/employment-tribunal-and-eat-statistics-gb

Annual Tribunal Statistics for 2011-12 and Quarterly Tribunal Statistics for all four quarters of 2010-11 and 2011-12 are available at:

www.justice.gov.uk/statistics/tribunals/annual-stats

and www.justice.gov.uk/statistics/tribunals/quarterly Key Findings

The employment tribunals are independent judicial bodies which determine disputes between employers and employees over employment rights.

Claims Received

There were 186,300 claims accepted by employment tribunals (ETs) during 2011-12 (1 April 2011 to 31 March 2012), a 15% fall on the number received in the previous year, and 21% lower than the number in 2009-10.

Single claims are those brought by an individual against an employer (the respondent). Each single claim is processed administratively, and managed and heard judicially on its own. Multiple claims are those where two or more people bring claims usually against a single employer (but not necessarily so) arising from the same or similar circumstances. Importantly, multiple claims are processed, managed and heard together in their multiple grouping.

In 2011-12 there were 59,200 single claims accepted (down by 2% on the previous year) and 127,100 multiple claims accepted (a fall of 19% on the number in 2010-11). The multiple claims were grouped into 5,200 actions, or ‘multiple claim cases’(^1). This is a reduction on the 5,900 in 2010-11 and continues a recent downward trend.

Figure 1: Single and Multiple Accepted Claims, 2001-2 to 2011-12

![Graph showing variation in single and multiple accepted claims](image)

Note: Figures for 2007-08 are estimated

Source: ET Reports

Figure 1 shows the variation in single and multiple accepted claims (receipts) since 2000-01. It shows that the trend for multiple claims is erratic in nature and is affected by the large number of claims for specific jurisdictions. There has been a general upward trend, but since 2009-10 there has been a year-on-year decline. The number of single claims has been more steady and has been showing a downward trend over recent years.

Claims Disposed of

Employment tribunals disposed of 110,800 claims during 2011-12, a fall of 10% when compared with the previous year, but in-line with the number of claims disposed of in 2009-10. The recent fall in disposals was seen in both single and multiple claims, with decreases of 6% and 14% respectively.

(^1) The number of grouped collective disputes being litigated before Employment Tribunals. Jurisdictional Complaints Received

A claim to an employment tribunal can contain a number of different types of complaint, known as jurisdictional complaints. When deciding any claim, the tribunal has to make determinations under each jurisdiction. The total number of jurisdictional complaints accepted in 2011-12 was 321,800, 16% fewer than in 2010-11. Between 1 April 2011 and 31 March 2012, there were, on average, 1.73 jurisdictional complaints per claim. The ratio has varied since 2006-7, but generally increased.

Of the 321,800 jurisdictional claims received in 2011-12, 31% were for Unfair dismissal, breach of contract and redundancy; 29% were concerning Working Time Regulations (largely airline cases that are resubmitted every three months), and 16% were for unauthorised deductions (Wages Act).

Jurisdictional Complaints Disposed of

In 2011-12, employment tribunals disposed of 230,000 jurisdictional complaints, 6% fewer than in 2010-11. This fall was reflected in all jurisdictions except Disability Discrimination, Age Discrimination and Breach of Contract which had increases of 7%, 5% and 1% respectively.

Of the 230,000 jurisdictional complaints disposed of in 2011-12:

- 33% were Acas conciliated (an increase of 4 percentage points on the proportion, when compared with last year);
- 27% were withdrawn (5 percentage points lower than in 2010-11);
- 13% were struck out;
- and 27% were disposed of at hearing (with 12% successful at a tribunal, 7% unsuccessful, 2% dismissed at a preliminary hearing and 6% disposed of via a Default judgment).

Workload Outstanding

At 31 March 2012, the workload outstanding for employment tribunals (i.e. claims awaiting resolution) was 540,800, as compared with 484,300 at 31 March 2011. The vast majority of those were multiple claims – 514,300 in all. Multiple claims are often legally and factually complex and it is common for action on such claims to be deferred (or ‘stayed’), for example pending the outcome of proceedings in appellate courts/tribunals on case management or other interim matters. This means that such claims are not yet ready to have a final Hearing in the employment tribunal, and so the claim cannot be progressed to disposal.

The outstanding workload at 31 March 2012 includes more than 200,000 resubmitted airline Working Time Regulations claims with approximately 15% of these claims also having a Wages Act component. It also includes a number of Equal Pay claims (brought primarily against Local Authorities and the NHS).

Between 2010-11 and 2011-12, there was a decrease in the number of single claims outstanding of 7%, continuing a downward trend seen since 2009-10.

Employment Appeal Tribunal

The main function of the Employment Appeal Tribunal (EAT) is to hear appeals from decisions made by employment tribunals. An appeal must be on a point of law, i.e. it must identify flaws in the legal reasoning of the original decision. In 2011-12, the Employment Appeal Tribunal (EAT) received 2,170 appeals and disposed of 2,220 appeals. This compares with 2,050 receipts and 2,000 disposals in 2010-11.

In EAT, 510 appeals were disposed of at a full hearing, as compared with 360 in 2010-11.

### Table 1: Claims Accepted by Employment Tribunals

| Jurisdiction Mix of claims accepted | 2009-10 | 2010-11 | 2011-12 | |-------------------------------------|---------|---------|---------| | Total Claims Accepted² | 236,100 | 218,100 | 186,300³ | | Total Claims Initially Rejected | 4,100 | 1,400 | 1,300 | | Of the total, those that were resubmitted and subsequently accepted | 1,300 | 210 | 230 | | Of the total, those that were resubmitted and not accepted or never resubmitted | 2,800 | 1,100 | 1,100 |

| NATURE OF CLAIM | 2009-10 | 2010-11 | 2011-12 | |-----------------|---------|---------|---------| | Unfair dismissal⁴ | 57,400 | 47,900 | 46,300 | | Unauthorised deductions (Formerly Wages Act) | 75,500 | 71,300 | 51,200 | | Breach of contract | 42,400 | 34,600 | 32,100 | | Sex discrimination | 18,200 | 18,300 | 10,800 | | Working Time Directive⁵ | 95,200 | 114,100 | 94,700 | | Redundancy pay | 19,000 | 16,000 | 14,700 | | Disability discrimination | 7,500 | 7,200 | 7,700 | | Redundancy - failure to inform and consult | 7,500 | 7,400 | 8,000 | | Equal pay | 37,400 | 34,600 | 28,800 | | Race discrimination | 5,700 | 5,000 | 4,800 | | Written statement of terms and conditions | 4,700 | 4,000 | 3,600 | | Written statement of reasons for dismissal | 1,100 | 930 | 960 | | Written pay statement | 1,400 | 1,300 | 1,300 | | Transfer of an undertaking - failure to inform and consult | 1,800 | 1,900 | 2,600 | | Suffer a detriment / unfair dismissal - pregnancy⁶ | 1,900 | 1,900 | 1,900 | | Part Time Workers Regulations | 530 | 1600 | 770 | | National minimum wage | 500 | 520 | 510 | | Discrimination on grounds of Religion or Belief | 1,000 | 880 | 940 | | Discrimination on grounds of Sexual Orientation | 710 | 640 | 610 | | Age Discrimination | 5,200 | 6,800 | 3,700 | | Others | 8,100 | 5,500 | 5,900 | | Total | 392,800 | 382,400 | 321,800 |

______________________________________________________________________

² A claim may be brought under more than one jurisdiction or subsequently amended or clarified in the course of proceedings but will be counted only once.

³ Includes details of claims /jurisdictional complaints that were not entered onto the IT system (see Explanatory Notes).

⁴ This now includes the jurisdiction for unfair dismissal as a result of a transfer of an undertaking, which was previously shown separately.

⁵ Since 2007/8 the figure includes around 10,000 claims from airline employees that have been resubmitted a number of times.

⁶ This now includes 3 jurisdictions relating to pregnancy that were previously recorded under “Other”.

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Tables Table 2: Employment Tribunal Cases disposed and outcomes of jurisdictions in 2011-12

| NATURE OF CLAIM | JURISDICTIONS DISPOSED | WITHDRAWN | ACAS CONCILIATED SETTLEMENTS | STRUCK OUT (NOT AT A HEARING) | |--------------------------|------------------------|-----------|------------------------------|-------------------------------| | | No. | No. | % | No. | % | | Unfair dismissal | 46,100 | 11,300 | 24 | 19,500 | 42 | 4,000 | 9 | | Wages Act | 36,200 | 9,500 | 26 | 9,900 | 28 | 5,200 | 14 | | Breach of contract | 32,200 | 6,600 | 20 | 10,100 | 32 | 4,500 | 14 | | Redundancy pay | 13,200 | 2,700 | 21 | 2,300 | 18 | 2,100 | 16 | | Sex discrimination | 14,700 | 4,900 | 33 | 4,500 | 30 | 4,200 | 29 | | Race discrimination | 4,700 | 1,400 | 30 | 1,700 | 36 | 400 | 8 | | Disability discrimination| 7,300 | 2,300 | 31 | 3,300 | 45 | 490 | 7 | | Religious belief discrimination| 850 | 260 | 31 | 290 | 34 | 85 | 10 | | Sexual orientation discrimination| 590 | 170 | 29 | 250 | 42 | 56 | 9 | | Age discrimination | 3,800 | 1,600 | 43 | 1,200 | 31 | 500 | 14 | | Working time | 23,600 | 5,400 | 23 | 7,500 | 32 | 2,200 | 9 | | Equal pay | 23,800 | 10,300 | 44 | 8,800 | 37 | 4,500 | 19 | | National minimum wage | 520 | 140 | 28 | 170 | 31 | 44 | 9 | | Others | 22,300 | 5,400 | 24 | 6,500 | 29 | 2,200 | 9 | | All | 230,000 | 62,000 | 27 | 76,200 | 33 | 30,500 | 13 |

| NATURE OF CLAIM | SUCCESSFUL AT HEARING | DISMISSED AT A PRELIMINARY HEARING | UNSUCCESSFUL AT HEARING | DEFAULT JUDGEMENT | |--------------------------|-----------------------|------------------------------------|-------------------------|-------------------| | | % | No. | % | No. | % | | Unfair dismissal | 3,900 | 8 | 1,300 | 3 | 4,800 | 10 | 1,200 | 3 | | Wages Act | 5,100 | 14 | 960 | 3 | 2,300 | 6 | 3,300 | 9 | | Breach of contract | 5,000 | 16 | 730 | 2 | 2,300 | 7 | 2,900 | 9 | | Redundancy pay | 2,900 | 22 | 300 | 2 | 660 | 5 | 2,200 | 16 | | Sex discrimination | 290 | 2 | 190 | 1 | 590 | 4 | 53 | 0 | | Race discrimination | 140 | 3 | 240 | 5 | 810 | 17 | 24 | 0 | | Disability discrimination| 220 | 3 | 250 | 3 | 750 | 11 | 34 | 1 | | Religious belief discrimination| 24 | 3 | 45 | 5 | 140 | 16 | - | 1 | | Sexual orientation discrimination| 20 | 3 | 29 | 5 | 60 | 10 | - | 1 | | Age discrimination | 48 | 1 | 100 | 3 | 290 | 8 | 26 | 1 | | Working time | 4,100 | 17 | 470 | 2 | 1,400 | 6 | 2,600 | 11 | | Equal pay | 32 | 0 | 41 | 0 | 35 | 0 | - | 0 | | National minimum wage | 77 | 13 | 12 | 2 | 55 | 11 | 27 | 6 | | Others | 5,000 | 23 | 520 | 2 | 1,600 | 7 | 1,100 | 5 | | All | 26,900 | 12 | 5,200 | 2 | 15,900 | 7 | 13,400 | 6 |

______________________________________________________________________

7 Percentages may not add to 100, due to rounding. 8 Previously described as “Disposed of Otherwise”. 9 Previously described as “Dismissed at Hearing (Out of Scope)”. 10 Previously described as “Dismissed at Hearing (Other Reasons)”.

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Table 3: All Unfair Dismissal Jurisdictional Complaints Disposed of at a Hearing\\textsuperscript{11}

| Cases dismissed | Number | Percentage of unfair dismissal cases proceeding to a hearing | Percentage of all unfair dismissal cases disposed of \\textsuperscript{12} | |-----------------|--------|-------------------------------------------------------------|---------------------------------------------------------------| | At a Preliminary Hearing | 1,300 | 12 | 3 | | Unsuccessful at hearing | 4,800 | 43 | 10 | | All cases dismissed | 6,200 | 55 | 13 |

| Cases upheld | Number | Percentage of all unfair dismissal cases disposed of | |--------------|--------|-----------------------------------------------------| | Reinstatement or reengagement | 5 | 0 | | Remedy left to parties | 120 | 1 | | Compensation | 2,300 | 21 | | No award made | 2,600 | 23 | | All cases upheld | 5,100 | 45 |

| All cases proceeding to a hearing | Number | Percentage | |----------------------------------|--------|------------| | | 11,200 | 100 |

Table 4: Representation of Claimants at Employment Tribunals\\textsuperscript{13}

| Represented by: | 2009-10 | 2010-11 | 2011-12 | |-----------------|---------|---------|---------| | Trade Union | 12,500 | 10,000 | 5,500 | | Lawyers\\textsuperscript{14} | 161,900 | 142,700 | 72,600 | | No rep information provided\\textsuperscript{15} | 44,900 | 40,400 | 34,900 | | Other | 16,700 | 25,000 | 46,100 | | Total Claims | 236,100 | 218,100 | 159,000 |

\\textsuperscript{11} All cases proceeding to a hearing are: SUCCESSFUL AT HEARING; DISMISSED AT A PRELIMINARY HEARING, UNSUCCESSFUL AT HEARING & DEFAULT JUDGMENT

\\textsuperscript{12} Percentages may not sum due to rounding

\\textsuperscript{13} This is the information provided by claimants in year and therefore does not add up to jurisdictions disposed.

\\textsuperscript{14} Includes: represented by solicitors, Law Centres and Trade Associations.

\\textsuperscript{15} For those individuals representing themselves, there is no need to provide information on representatives. Therefore all cases where the representative information was left blank are included here.

\\textsuperscript{16} Excludes those claims that were not included on IT system. Table 5: Compensation awarded by Tribunals – cases with Unfair Dismissal jurisdictions\\textsuperscript{17}

| No. | % | No. | % | |-----|----|-----|----| | \<£500 | 227 | 10% | £10,000-£12,499 | 130 | 6% | | £500-£999 | 178 | 8% | £12,500-£14,999 | 100 | 4% | | £1,000-£1,999 | 292 | 13% | £15,000-£19,999 | 125 | 5% | | £2,000-£2,999 | 199 | 9% | £20,000-£29,999 | 140 | 6% | | £3,000-£3,999 | 177 | 8% | £30,000-£39,999 | 65 | 3% | | £4,000-£4,999 | 132 | 6% | £40,000-£49,999 | 34 | 1% | | £5,000-£5,999 | 103 | 4% | £50,000+ | 49 | 2% | | £6,000-£6,999 | 108 | 5% | All | 2,309 | 100% | | £7,000-£7,999 | 93 | 4% | Maximum award\\textsuperscript{18} | £173,408 | | £8,000-£8,999 | 75 | 3% | Median award | £4,560 | | £9,000-£9,999 | 82 | 4% | Average award | £9,133 |

Table 6: Compensation awarded by Tribunals – cases with Race Discrimination jurisdictions,\\textsuperscript{19}

| No. | % | No. | % | |-----|----|-----|----| | \<£500 | 1 | 2% | £10,000-£12,499 | 5 | 9% | | £500-£999 | 2 | 3% | £12,500-£14,999 | 5 | 9% | | £1,000-£1,999 | 6 | 10% | £15,000-£19,999 | 1 | 2% | | £2,000-£2,999 | 8 | 14% | £20,000-£29,999 | 0 | 0% | | £3,000-£3,999 | 5 | 9% | £30,000-£39,999 | 1 | 2% | | £4,000-£4,999 | 5 | 9% | £40,000-£49,999 | 0 | 0% | | £5,000-£5,999 | 3 | 5% | £50,000+ | 5 | 9% | | £6,000-£6,999 | 6 | 10% | All | 58 | 100% | | £7,000-£7,999 | 2 | 3% | Maximum award | £4,445,023 | | £8,000-£8,999 | 3 | 5% | Median award | £5,256 | | £9,000-£9,999 | 0 | 0% | Average award | £102,259 |

\\textsuperscript{17} Compensation awarded is that of which the tribunal is aware.

\\textsuperscript{18} The maximum award for compensation is limited to £72,300 from 1/02/2012. Awards may be above the maximum where they include a basic award element.

\\textsuperscript{19} Compensation awarded is that of which the tribunal is aware. For awards in cases of Discrimination there is no statutory cap. Table 7: Compensation awarded in Tribunals - cases with Sex Discrimination jurisdictions

| No. | % | £10,000-£12,499 | No. | % | |-----|----|----------------|-----|----| | \<£500 | 0 | 0% | 18 | 11% | | £500-£999 | 6 | 4% | 9 | 5% | | £1,000-£1,999 | 15 | 9% | 11 | 7% | | £2,000-£2,999 | 11 | 7% | 15 | 9% | | £3,000-£3,999 | 12 | 7% | 0 | 0% | | £4,000-£4,999 | 6 | 4% | 0 | 0% | | £5,000-£5,999 | 15 | 9% | 4 | 2% | | £6,000-£6,999 | 21 | 13% | All | 166 | 100% | | £7,000-£7,999 | 11 | 7% | Maximum award | £89,700 | | £8,000-£8,999 | 7 | 4% | Median award | £6,746 | | £9,000-£9,999 | 5 | 3% | Average award | £9,940 |

Table 8: Compensation awarded by Tribunals - cases with Disability Discrimination jurisdictions

| No. | % | £10,000-£12,499 | No. | % | |-----|----|----------------|-----|----| | \<£500 | 1 | 1% | 5 | 6% | | £500-£999 | 2 | 3% | 5 | 6% | | £1,000-£1,999 | 5 | 6% | 10 | 13% | | £2,000-£2,999 | 5 | 6% | £20,000-£29,999 | 0 | 0% | | £3,000-£3,999 | 7 | 9% | £30,000-£39,999 | 5 | 6% | | £4,000-£4,999 | 4 | 5% | £40,000-£49,999 | 2 | 3% | | £5,000-£5,999 | 4 | 5% | £50,000+ | 8 | 10% | | £6,000-£6,999 | 2 | 3% | All | 78 | 100% | | £7000-£7999 | 5 | 6% | Maximum award | £390,871 | | £8000-£8999 | 4 | 5% | Median award | £8,928 | | £9000-£9999 | 4 | 5% | Average award | £22,183 |

### Table 9: Compensation awarded by Tribunals - case with Religious Discrimination jurisdictions

| No. | % | £10,000-£12,499 | £12,500-£14,999 | £15,000-£19,999 | £20,000-£29,999 | £30,000-£39,999 | £40,000-£49,999 | £50,000+ | |-----|----|----------------|----------------|----------------|----------------|----------------|----------------|----------| | \<£500 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £500-£999 | 1 | 10% | 1 | 10% | 0 | 0% | 0 | 0% | | £1,000-£1,999 | 2 | 20% | 2 | 20% | 0 | 0% | 0 | 0% | | £2,000-£2,999 | 1 | 10% | 1 | 10% | 0 | 0% | 0 | 0% | | £3,000-£3,999 | 1 | 10% | 1 | 10% | 0 | 0% | 0 | 0% | | £4,000-£4,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £5,000-£5,999 | 2 | 20% | 2 | 20% | 0 | 0% | 0 | 0% | | £6,000-£6,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £7,000-£7,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £8,000-£8,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £9,000-£9,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | All | 10 | 100% | 10 | 100% | 0 | 0% | 0 | 0% |

Maximum award: £59,522 Median award: £4,267 Average award: £16,725

### Table 10: Compensation awarded by Tribunals - case with Sexual Orientation Discrimination jurisdictions

| No. | % | £10,000-£12,499 | £12,500-£14,999 | £15,000-£19,999 | £20,000-£29,999 | £30,000-£39,999 | £40,000-£49,999 | £50,000+ | |-----|----|----------------|----------------|----------------|----------------|----------------|----------------|----------| | \<£500 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £500-£999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £1,000-£1,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £2,000-£2,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £3,000-£3,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £4,000-£4,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £5,000-£5,999 | 1 | 10% | 1 | 10% | 0 | 0% | 0 | 0% | | £6,000-£6,999 | 1 | 10% | 1 | 10% | 0 | 0% | 0 | 0% | | £7,000-£7,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £8,000-£8,999 | 1 | 10% | 1 | 10% | 0 | 0% | 0 | 0% | | £9,000-£9,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | All | 10 | 100% | 10 | 100% | 0 | 0% | 0 | 0% |

Maximum award: £27,473 Median award: £13,505 Average award: £14,623

### Table 11: Compensation awarded by tribunals - cases with Age Discrimination

| No. | % | £10,000-£12,499 | £12,500-£14,999 | £15,000-£19,999 | £20,000-£29,999 | £30,000-£39,999 | £40,000-£49,999 | £50,000+ | |-----|----|----------------|----------------|----------------|----------------|----------------|----------------|----------| | \<£500 | 1 | 4% | 1 | 4% | 1 | 4% | 1 | 4% | | £500-£999 | 1 | 4% | 1 | 4% | 1 | 4% | 1 | 4% | | £1,000-£1,999 | 2 | 9% | 2 | 9% | 2 | 9% | 2 | 9% | | £2,000-£2,999 | 0 | 0% | 0 | 0% | 0 | 0% | 0 | 0% | | £3,000-£3,999 | 3 | 13% | 3 | 13% | 3 | 13% | 3 | 13% | | £4,000-£4,999 | 1 | 4% | 1 | 4% | 1 | 4% | 1 | 4% | | £5,000-£5,999 | 1 | 4% | 1 | 4% | 1 | 4% | 1 | 4% | | £6,000-£6,999 | 3 | 13% | 3 | 13% | 3 | 13% | 3 | 13% | | All | 23 | 100% | 23 | 100% | 23 | 100% | 23 | 100% |

Maximum award: £144,100 Median award: £6,065 Average award: £19,327 Table 12: Costs awarded in Employment Tribunals cases

| COSTS TO Awarded to Claimant | COSTS TO Awarded to Respondent | NO. OF CASES | |-----------------------------|--------------------------------|--------------| | < £200 | £6,001-£8,000 | 6 | | £201-£400 | £8,001-£10,000 | 3 | | £401-£600 | £10,000+ | 10 | | £601-£800 | All | 116 | | £801-£1000 | Maximum award | £36,466 | | £1,001-£2,000 | Median award | £5 | | £2,001-£4,000 | Average award | £1,292 | | £4,001-£6,000 | | | | | | |

20 This does not include costs awarded for waste or preparation. 21 There is a multiple case consisting of 800 claimants where they have all been made liable for a costs award of £4,000 to the respondent. This works out at £5.00 per claimant, all cases have a unique case number and have had their portion of the cost award entered onto the MI system. 22 The maximum award was made subject to a detailed assessment by the County Court in accordance with the Civil Procedure Rules 1998. 23 The median award is skewed by the multiple awards of £5.00. The median value excluding the 800 awards and substituting them with one award of £4,000 is £1,730. 24 Excluding the 800 £5.00 awards and substituting with one of £4,000 gives an average of £2,973. 25 See Table 16 26 See Table 14 27 See Table 15

Table 13: Summary of Receipts and Disposals at EAT

| Appeals Received | 2,172 | |-------------------|-------| | Appeals Disposed | | | Rejected - out of time | 283 | | Rejected - no reasonable prospect of success | 1,040 | | Withdrawn prior to registration | 179 | | Withdrawn after registration | 128 | | Struck out | 26 | | Dismissed at preliminary hearing | 55 | | Disposed at full hearing | 506 | | Total disposed | 2,217 |

20 This does not include costs awarded for waste or preparation. 21 There is a multiple case consisting of 800 claimants where they have all been made liable for a costs award of £4,000 to the respondent. This works out at £5.00 per claimant, all cases have a unique case number and have had their portion of the cost award entered onto the MI system. 22 The maximum award was made subject to a detailed assessment by the County Court in accordance with the Civil Procedure Rules 1998. 23 The median award is skewed by the multiple awards of £5.00. The median value excluding the 800 awards and substituting them with one award of £4,000 is £1,730. 24 Excluding the 800 £5.00 awards and substituting with one of £4,000 gives an average of £2,973. 25 See Table 16 26 See Table 14 27 See Table 15

### Table 14: Cases dealt with at preliminary hearings by EAT

| | Brought by employers | Brought by employees | All | |----------------------|----------------------|----------------------|-----| | Dismissed at hearing | 8 | 47 | 55 | | Allowed to full hearing | 29 | 71 | 100 | | All | 37 | 118 | 155 |

### Table 15: Appeals disposed of by EAT at a full hearing

| | Brought by employers | Brought by employees | All | |----------------------|----------------------|----------------------|-----| | Dismissed at hearing | 85 | 154 | 239 | | Allowed | 59 | 49 | 108 | | Allowed & remitted | 58 | 101 | 159 | | All | 202 | 304 | 506 |

### Table 16: Appeals withdrawn

| | Brought by employers | Brought by employees | All | |----------------------|----------------------|----------------------|-----| | Withdrawn before Preliminary hearing | 11 | 11 | 22 | | Withdrawn before Full hearing | 54 | 52 | 106 | | All | 65 | 63 | 128 | Explanatory Notes

Cases not on Employment Tribunals IT System

Multiple Airline cases are resubmitted every three months and are included in the counts of receipts and caseload outstanding. These cases include the jurisdictions Working Time Directive (Annual Leave) and Unauthorised Deductions (Formerly Wages Act). During 2011-12, 27,300 claims (12,900 for Quarter 3 and 14,400 for Quarter 4) for this jurisdiction were not input to the Employment Tribunals IT system at the time of receipt. They have however been recorded within the overall number of receipts, received jurisdictional complaints and caseload outstanding figures for 2011-12. Data quality and sources

Information presented in this report is management information drawn from a number of administrative sources. Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale recording system and it is the best data that is available at the time of publication. HMCTS is examining the quality of management information. Thus, it is possible that some revisions may be issued.

Revisions

Some statistics were correct at the time of publication but have been revised following data quality checks or reconciliation. These values have been marked as ‘r’. Definitions

**Receipt** – Volumetric term covering the acceptance of a case by a HMCTS Tribunal.

**Disposal** – A disposal is the closure of a case when work has ceased to be done. This can be through a claim being withdrawn, settled, dismissed or being decided at a hearing.

**Workload outstanding** – The number of claims outstanding at the end of the period and still waiting to be dealt with to completion.

**Employment Appeal Tribunal** - The main function of the Employment Appeal Tribunal (EAT) is to hear appeals from decisions made by employment tribunals. An appeal must be on a point of law, i.e. it must identify flaws in the legal reasoning of the original decision. The Employment Appeal Tribunal will not normally re-examine issues of fact. It also hears appeals from (and applications relating to) decisions made by the Certification Officer or by the Central Arbitration Committee, however these are infrequent. The EAT may allow an appeal and substitute its own decision for that of the Employment Tribunal, or may remit it back to an employment tribunal for reconsideration.

Appeals from EAT decisions may be made to the Court of Appeal (in England & Wales) or Court of Session (in Scotland).

**ET Claim** – A claim presented to an employment tribunal by a claimant. It may be brought under one or more jurisdictions or subsequently amended or clarified in the course of proceedings, but will be counted only once.

**ET Single and Multiple Claims** – Claims to an employment tribunal may be classified into two broad categories – singles and multiples. Multiples are where two or more people bring claims, involving one or more jurisdiction(s) usually against a single employer but not necessarily so, for instance in TUPE cases, and always arising out of the same or very similar circumstances. As a multiple, the component claims are processed administratively, and managed and heard judicially together.

**ET Multiple Claim Cases** - the number of combined groupings or actions formed by component multiple claims. This will essentially equate to the number of grouped collective actions being litigated before the employment tribunals.

**ET Jurisdiction** – The employment tribunal powers to hear complaints are determined by legislation, with statutory provisions defining the ambit of the jurisdiction that can be covered by a claim to an employment tribunal.

**ET Jurisdictional mix** – A claim may contain a number of grounds, known as jurisdictional complaints. When deciding any claim, the tribunal has to make determinations under each jurisdiction, e.g. unfair dismissal and sex discrimination. The number of jurisdictional complaints within a claim can affect the true workload represented by that claim: the higher the ratio of complaints to a claim, the more complicated the work will generally be. The jurisdictions covered by ET are wide ranging, from discrimination and unfair dismissals to issues around salary and working conditions.

**Hearing** – The hearing is a meeting at which the tribunal panel considers evidence (either orally or paper based) and reaches a decision (where the decision may be to adjourn or to agree a final outcome). If the hearing is adjourned and restarted, it counts as one hearing.

Examples of hearings include:

- Paper hearings;
- Oral hearings;
- Case Management Discussions;
- Decision on Eligibility.

**Oral Hearing** – A hearing where the party (ies) and/or their representative(s) attend (this can be by telephone or by video conference).

**Withdrawal** – The applicant/claimant/appellant ceases action either before or at the hearing.

**Settlement** – Cases settled by Acas without the need for a hearing. A third party may have been involved in the process. TABLE CONVENTIONS

Rounding Figures in the tables are rounded independently and thus may not add to totals because of rounding. The following conventions have been used throughout:

- Values less than 100 remain as unit values.
- Values from 100 to 999 are rounded to the nearest 10.
- Values of 1,000 and over are rounded to the nearest hundred.

Notation The following symbols have been used throughout the tables in this bulletin:

. = Not applicable .. = Not available

- = Small Value 0 = Nil (r) = Revised data (p) = Provisional data Contact points for further information

Spreadsheet files of the tables and graphs contained in this document are also available for download from this address.

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